•
Accompanied viewing's of the properties of interest.
• Speedy processing of references to ensure that tenants
can move into properties with a minimum of delay.
• We hold full Professional Indemnity Insurance and
all tenants’ monies and deposits are held in accordance
with current guidelines.
• Our professional and friendly team remove the pressure
associated with finding a suitable property by always being
available to help in finding you that property that suits
your lifestyle and needs.
• Matching of requirements with our extensive database
of available properties
• Offer an in house maintenance team that will ensure
that any issues are dealt with swiftly and properly.
• Only offer superior housing and deal with respectable
landlords to ensure that you tenancy is as peaceful as humanly
possible.
• Offer advice on the local area meaning that we can
advise you on finding a property that does more than provide
you with accommodation. We will always take your needs into
consideration first.
FAQ.
1.
Do I need a deposit?.
Yes, the
deposit will usually be 25% to 50% greater than one months
rent and is fully refundable at the end of the tenancy assuming
proper conduct.
2.
Do you have out-of-hours emergency services for lost keys,
plumbing leaks,burglaries etc?
Yes 24
hour cover
3.
Do you charge a fee for finding me a flat/house?
Yes, the
equivalent of one weeks rents charged to take up references,
prepare & execute the tenancy agreement between you &
the owner.This figure plus the deposit is payable when you
apply at our office for the property of choice. We take great
care to fully explain all the implications of signing a tenancy
agreement and what your rights are.
4.
How are repairs done?
The tenant
will ring this office at the earliest opportunity to advise
us of the problem, we will then invite the tenant to contact
one of our approved contractors depending upon the size &
nature of the works, the final invoice will come to this office
for settlement.
5.
How do I get to look at a property that is of interest to
me?
Contact
this office and make an appointment. Appointments must be
confirmed by telephone on the day if made previously.
6.
Who will show me the property?
A viewing
agent will meet you at the property or escort you from our
office which ever in more convenient.
The owners
building and contents are insured but the choice to insure
your possessions is for you and we strongly advise it. We
have good quality policies that will provide adequate cover.
9.
How do I pay the rent?
Normally
by standing order from your bank account into ours, paid monthly
to arrive into our account no later than the first day of
each month.
10.
What references do I need?
Generally,
proof of ID, proof of income or the ability to pay the rent
for the contract period, sight of recent bank statements and
current landlords reference.
11. I want to move out before
the end of my tenancy
On an
Assured Shorthold Tenancy Agreement, you're legally bound
until the end of your tenancy period. We can however discuss
ending your tenancy if you have a replacement. Please contact
one of our letting's consultants to discuss this.
12.
Can my parents pay for my rent?
Anyone
can pay rent on your behalf. However, the legal responsibility
lies with you.
13.
Can I pay my rent using post-dated cheques?
Standing
Orders are a more efficient way of paying and collecting your
rent. If there is a reason why you are unable to set up a
SO, then we'll be happy to listen and try and help you.
14.
Do you offer summer discount?
Generally
we don't, but this very much depends on the particular house
that you're interested in, please ask during the viewing.
15.
Do you offer properties with bills included?
Yes, sometimes!
Please fill in the form in the shared accommodation page,
letting us know what your requirements are and, and we'll
get back to you.
16.
Can I get my own furniture?
Possibly.
Please make sure you remove any personal items before you
leave.
17.
What happens if I fall into arrears?
You'll
be charged for every day that you fall into arrears. Please
refer to your tenancy agreement for details on charges that
could be applied. The sooner you let us know of any extenuating
circumstances the quicker we can try and work with you. We
don't like charging you fines, and we're sure that you also
don't like the embarrassment (and cost) of not paying your
rent on time.
1. When signing a tenancy agreement with one or more joint
tenants, note that if they refuse to pay their share, you
are legally responsible for the whole of the rent, including
their share. This is known as 'joint and several liability'.
It means that that the landlord can claim the whole rent from
each the tenants individually, whatever arrangements they
have made between themselves. You can even remain responsible
for rent after you have left the property if the other tenants
stay on under the same tenancy agreement (ie the one with
your name on it). Only sign a joint tenancy agreement with
people you can really trust.
2.
Read the tenancy agreement carefully and get advice on any
clauses you do not understand. Your local CAB or Shelter Office
can do this, or you can speak to your solicitor or instruct
us to advise.
3.
Be wary about signing agreements for long terms particularly
with a new property or landlord. If you want to leave early,
you will be responsible for the rent for the rest of the term,
even after you have left, unless a suitable new tenant can
be found.
4.
Make sure you know what bills will be paid by you and what
bills will be paid by the landlord. For example water rates,
council tax and utilities. This should be clearly set out
in the agreement.
5.
Tenancy agreements are now subject to the Unfair Terms in
Consumer Contracts regulations and agreements must be 'fair'
and written in plain English. Clauses which do not comply
with these requirements will be void and unenforceable.
6.
If you want to complain about unfair terms in your tenancy
agreement, contact your local Trading Standards Office and
say that you believe your tenancy agreement is in breach of
the Unfair Terms in Consumer Contracts Regulations.
7.
Be wary about signing a tenancy agreement if the property
needs repair work and/or is missing furniture or other items.
If you need to move in urgently, get the landlord or agent
to agree in writing that you can move out without penalty
if these matters are not dealt with within a specified time.
8.
Note that if your landlord lives in another part of the same
building (ie in another flat in a converted house, but not
if this is a purpose built block of flats) or if the rent
is over £25,000, your tenancy will be a common law tenancy
and not an assured shorthold tenancy.
9.
If you pay rent weekly, your landlord should provide you with
a rent book in the prescribed form.
10.When
the fixed term in your tenancy agreement has expired, this
does not mean that you have no agreement or are no longer
a tenant. Your tenancy will continue but will run from month
to month (if you pay monthly) or week to week (if you pay
weekly), and will be subject to all the terms and conditions
in your existing tenancy agreement. This will continue until
you sign a new tenancy agreement when the new terms in that
agreement will apply. When a tenancy 'runs on' after the end
of a fixed term, it is known as a 'periodic tenancy'. Note
that this is not necessarily the case for common law tenancies.
Is
a written tenancy agreement necessary?
It is important for both landlords and tenants that there
is a written record of what was agreed regarding the tenancy
so that they know where they stand. For example:
if
there is no written record there may be disagreement later
over what was agreed before you went in
You will find it easier to obtain advice on your rights and
obligations if there is a written document for the adviser
to refer to
It will be easier to see whether a term is in breach of the
Unfair Terms in Consumer Contracts Regulations
If rent is being paid by Housing Benefit, the Benefit Office
will often want to see a tenancy agreement and may refuse
to pay benefit until this is produced.
Note however that if there is no written tenancy agreement,
your landlord will not be able to evict you under the shorthold
ground using the accelerated possession procedure
What
is the situation if there is no written tenancy agreement?
If someone:lives in a property has sole possession, with any
co-tenants, of all or part of it, and
pays rent
this will generally be a tenancy, whether or not the parties
have actually signed a formal tenancy agreement. The tenancy
will be an 'oral tenancy' i.e. one which is based on a spoken
agreement rather than a written one. It will normally be a
'periodic tenancy' i.e. run from period to period, the period
normally being based on how rent is paid - if paid monthly
it will be a monthly periodic tenancy, and if paid weekly
it will be a weekly periodic tenancy.
Oral
tenancies are not recommended, either for landlords or for
tenants. Inevitably there are likely to be difference of opinion
about what was agreed after the tenant has gone into occupation.
It is always better to have a written record of the terms
and conditions under which a tenant rents a property and this
is best done in a tenancy agreement. Then both sides will
know where they stand.
Because
of the desirability of tenants having written terms of their
tenancy, the Housing Act 1996 brought in a requirement that,
if asked to do so, a landlord must give assured shorthold
tenants a 'statement of the terms of their tenancy'. The details
the landlord is obliged to give are :
1.
the date the tenancy originally started
2. the amount of rent and when it is payable
3. details of any rent review procedure, and
4. where the tenancy is a fixed term, the length of that term.
It
should also be noted that if there is no written tenancy agreement
in existence, landlords will not be able to use the accelerated
possession procedure if they want to obtain possession of
the property under the shorthold ground.
It
is also perhaps worth stating, for the record, that it is
not possible for landlords to put occupiers into property
'on approval' on the basis that they will give them a tenancy
agreement later if they behave themselves. All this means
is that the occupier has a tenancy but the landlord does not
have the benefit of a written tenancy agreement. Neither can
the landlord evade any of his statutory obligations (such
as his repairing obligations) by not giving a formal written
agreement!
Can
my landlord put what he likes in the tenancy agreement?
He can, but this does not mean that it will all be valid!
Some terms are implied into all tenancies. The most important
of these are the landlords repairing covenants (sections 11-16
of the Landlord and Tenant Act 1985) and any clause purporting
to exclude these (for example by making the tenant responsible
for these repairs) will be void.
A
tenancy agreement must also comply with the Unfair Contract
Terms in Consumer Contracts Regulations. Under this legislation
contracts between businesses and consumers must not contain
any terms which are 'unfair' i.e. which create a significant
imbalance between the parties rights and obligations to the
detriment of the consumer/tenant.
The
contract must also be in plain and intelligible language.
Clauses which breach the regulations can be declared void
by a Judge in any court proceedings. The regulations do not
apply however to letting's to a business (such as a company
let) or where the landlord is letting his own home himself
(i.e. not through an agent).
Guidance
has now been issued by the Office of Fair Trading on unfair
terms in tenancy agreements. This can be downloaded free of
charge from the OFT web-site (see the link from the Government
Departments and Official Organizations page in the links section).
Terms in tenancy agreements which do not comply with this
guidance risk being declared void in any court proceedings.
These
new regulations and guidance are very tenant friendly, and
therefore if a clause in a tenancy agreement appears to be
unduly onerous or harsh, it may sometimes be better, from
the tenants point of view, to leave it in as it may be in
fact invalid! However it is always a good idea to take advice
on a tenancy agreement before signing it, particularly if
it contains terms which worry you.
If
you want to complain about onerous terms in your tenancy agreement,
which you think are in breach of the regulations, contact
your local Trading Standards Office. Tell them that you think
that your tenancy agreement is in breach of the Unfair Terms
in Consumer Contracts Regulations.
Does
the landlords address have to go on the agreement?
The landlord does not have to put his home address, however
it is essential that there is an address given in the tenancy
agreement for the landlord which is in England or Wales.
The
reason for this is a little known section, section 48 of the
Landlord and Tenant Act 1987, which provides that a landlord
must give his tenant notice of an address in England and Wales
for the service of documents, and that until this is done
any rent will be treated as not being due from the tenant!
This is generally known as a Section 48 Notice.
Subsequent
case law has made it clear that so long as there is a relevant
address for the landlord somewhere in the tenancy agreement
this clause will be satisfied. However if no address is given,
the tenant will be entitled to withhold rent and the landlord
will fail in any claim relating to unpaid rent, for example
for possession based on rent arrears.
The
address can be an office address, and often it will be the
address of the landlords managing agent. However it must be
somewhere in England and Wales. It is particularly important
to remember this where the landlord is resident in Scotland
or abroad. In this case the tenancy agreement can state the
actual address of the landlord (for example if the landlord
wishes the tenant to correspond with him at this address)
plus a further address in England and Wales.
If
the English/Welsh address is omitted and the landlord wishes
to claim against the tenant for rent arrears, he will need
first to serve a section 48 notice on the tenant. Once this
has been done all the rent will fall due (including all rent
payable before the section 48 notice was served).
Inventories:
What is an inventory?
An inventory is the itemization of goods and
their condition.
Who needs one?
Every landlord should have an inventory for each property.
Why ?
Because this outlines not only what is in the property, but
also what condition it is in.
The property is unfurnished - do I still
need an inventory ?
Yes, because the inventory will also point out the condition
of the walls, curtains, carpets, bathroom, kitchen appliances,
garden and the property as it stands.
Further useful information for tenants
Types of Tenancies
Assured Shorthold Tenancies
An assured shorthold tenancy is a type of assured tenancy
that gives more rights to the landlord when he wants his property
back. Most new lettings entered into after February 28, 1997
will be automatically assured shorthold.
The assured shorthold tenancy is now the most common form
of tenancy used in the private rented sector. It only provides
the tenant security of tenure for the duration of the agreed
term, and after that the landlord may ask for the property
back.
At the end of the fixed term the landlord can grant the tenant
another assured shorthold for a fixed term or a periodic tenancy
may be agreed or, if he wants the property vacated he should
give the tenant at least two months written notice to leave.
An assured shorthold tenancy will have the rent fixed for
the length of the term and the landlord will not be able to
increase it unless it has been written in to a contract. The
tenant has the right to apply to the rent assessment committee
for it to set a market rent during the first fixed term if
he feels the rent is too high.
Assured Tenancies
A few lettings entered into after 15 January 1989 are assured
tenancies and can be either fixed term or contractual periodic.
These tenancies have no right to a fixed fair rent and can
be created by either a written or verbal agreement.
Fixed term means that an agreement is entered into between
the landlord and tenant for a fixed period of time, this could
be months or years. Contr.uk/GeneralInfo/Stat1PE1977.htmactual
periodic tenancies can run on for an indefinite period on
a weekly or other periodic basis.
The tenant will have long-term security of tenure and does
not have to move unless he wants to or if the landlord can
prove in court that he has grounds for gaining possession.
An assured tenancy should be the tenants only or main home
.
Resident Landlords
A tenancy where there is a resident landlord is expressly
excluded from being an assured or assured shorthold tenancy
by the Housing Act 1988 (schedule 1(10)). A landlord is considered
to be resident not only if he is living in the same property
as his tenant but also, for the purposes of the Housing Act,
if the landlord is living in the same building as his tenant
unless the two properties are contained in a purpose built
block of flats. This means that if a property has been divided
into two or more self contained units or a granny annex has
been added and the landlord lives in one of the units as his
only or principal home it is likely that he will be considered
a resident landlord and precluded from setting up an assured
or assured shorthold tenancy. In situations where there is
a resident landlord it is important that the notice period
for ending the tenancy is agreed at the start of the tenancy
as neither the provisions contained in the Housing Act 1988
or the Protection from Eviction Act will apply.
General
Rent
Rent is the money paid to your landlord in return for the
right to occupy his property. It can be paid weekly, fortnightly
or monthly, as agreed between your landlord and yourself.
If you pay your rent weekly you are entitled to a rent book,
this must have the name and address of your landlord or agent
on it and it must be provided by them.
If you have an assured or assured shorthold tenancy you must
agree a level of rent at the start of the tenancy as this
level cannot be changed during the fixed term of the agreement.
In the case of an assured shorthold tenancy the rent must
be set at a market level.
Once the fixed term comes to an end the landlord may wish
to increase the rent. In order to do this he must give you
a months notice and serve you with a Section 13 Notice which
states:
The proposed new rent
The date it should take effect
Your rights as a tenant in relation to the procedure.
If you disagree with the rent increase and you are unable
to negotiate a mutual level with your landlord, then you can
apply to the RAC (Rent Assessment Committee). This must be
done within 28 days. The RAC will decide what reasonable rent
the landlord could expect for the property and set a reasonable
market rent.
If you have an assured tenancy with a rent review clause stating
how and when the rent will be reviewed you and your landlord
cannot apply to the RAC.
Repairs
In lettings of less than seven years the landlord is responsible
for the repairs to the structure and exterior of the building,
basins, sinks, baths, toilets and heating.
The tenant must allow the landlord or his agent access in
order to carry out necessary work. However, the landlord must
give the tenant reasonable notice that access will be required.
The tenant should use the property in a responsible way and
under the Rent Act 1977, the Housing Act 1985 and the Housing
Act 1988 the landlord can seek possession if the tenant or
someone living with him has damaged the property.
The tenant should get written permission from the landlord
before making any alterations to the property.
Harassment
All tenants are entitled to live safely and peacefully in
their homes and harassment by your landlord or a person instructed
by your landlord is an offence.
Harassment can be in several different forms some of which
are listed below:
Entering your home without prior notification.
Changing the locks.
Cutting off your utilities, such as gas, water and electricity.
Tampering with your mail or possessions.
Threatening you verbally or physically.
Keep a record of any instances where harassment
has occurred, names of witnesses or anyone who may have become
involved, doctors, police, etc. Also get advice from your
local council as soon as possible as they may be able to advise
or help you further.
Illegal Eviction
Landlords must follow the correct legal procedure to evict
a tenant. In most cases this involves serving a notice requiring
possession.
Most rent paying tenants are protected from illegal eviction
and harassment by their landlords in the Protection from Eviction
Act 1977 and the Housing Act 1988. However, if you have been
illegally evicted you should seek legal advice. You have the
right to apply for a court injunction to be allowed back into
your home and your landlord can be liable for an unlimited
fine and/or two years imprisonment.
The landlord can evict you if he can prove to a court that
one of the mandatory grounds for possession is satisfied.
Questions & Answers
What is a tenancy agreement?
A tenancy agreement is the contract between the tenant and
the landlord.
What happens at the end of the tenancy?
If you wish to move from the property make sure you give your
landlord written notice. It is a good idea to send the letter
by recorded delivery and to keep a copy for your own records.
Assured shorthold tenants are liable to pay rent for the entire
agreement period.
Your landlord or their agent will do an inventory of any furniture,
fitting and conditions to check against the inventory made
at the start of the let.
Make sure all of the meters are read before you move out and
ask for the final bills to be sent on to you at your new address.
What is a deposit?
This is a payment in addition to the rent paid by the tenant.
The amount, usually equivalent to one or two months rent,
is held by the landlord or agent throughout the tenancy and
will be with held or partly with held should the tenant or
his visitors cause any damage to the property.
The deposit cannot be used as payment for the final period
of the tenancy. You will receive your deposit back after you
have left the property.
My landlord has stopped collecting my rent.
Firstly write to your landlord stating that you want to pay
the rent. Keep a copy of the letter for your records.
Set up an account for the rent and continue to pay it in as
usual, should any court action follow you will be able to
prove that you where willing to pay the rent and have been
doing so. With the letter you will also have proof that you
attempted to contact your landlord to pay in the first instance.
Can I withhold my rent if the landlord is not carrying
out repairs to the property?
Providing the correct procedure is followed. In circumstances
where the landlord has failed to perform a repairing obligation
the tenant could carry out the work required and take the
cost from the rent. Any tenant considering this should always
seek advice first, and must provide the landlord with the
opportunity to perform the repair.
In most cases if the tenant does not pay the rent the landlord
can take him to court for arrears and seek possession of the
property.
Communities
Scotland have lanched a comprehensive guidance document entitled
.. National Core Standards and Good Practice Guidance
for Private Landlords and for Local Accreditation Schemes.
A downloadable copy is available on .. www.communitiesscotland.gov.uk/web/FILES/NationalCoreStandards_final.pdf
ENERGY
SAVING
Energy Saving Trust -
A not-for-profit organisation which is funded by the Government,
set up with two main goals, to achieve sustainable use of
energy and to reduce carbon dioxide emissions - http://www.est.org.uk/
The tenancy agreement will in almost all cases (certainly
if the tenancy is an assured or assured shorthold tenancy
or a tenancy under the Rent Act 1977) continue on what is
called a periodic tenancy. The tenancy will continue with
the same terms and conditions as the preceding written agreement.
The period usually is the same as the period for which rent
is payable, although it may be different if the tenancy agreement
specifies this.
For
example in a tenancy agreement where rent is paid weekly,
the tenancy after the end of the fixed term will normally
run on from week to week. However if the tenancy agreement
specifically says that it will continue on amonthly basis
after the end of the fixed term, then this is what will happen.
If
the landlord wishes, he can give the tenant a new fixed term
tenancy agreement when the first one ends. Or he can let the
tenancy run on. Sometimes the landlord will only ask the tenant
to sign a new tenancy agreement if he wants to change the
terms, eg to charge a new rent, or is he wants to update the
agreement to comply with new legislation. Or he may always
prefer the tenant to be committed to a further six months
or a year once the fixed term ends. However a new written
agreement (or 'renewal' as it is sometimes called) is not
essential.
Note
that the tenant will not be a squatter after the end of the
fixed term. He will still have a valid tenancy agreement and
will be entitled by law to stay in the property. Save in exceptional
circumstances, the tenancy can only be ended, if the tenant
does not agree to go voluntarily, by an order of the court.
My
landlord/letting agent won’t give me a copy of my tenancy
agreement - what can I do?
Although there is no specific law providing for a landlord
to give a tenant a copy of the tenancy agreement they have
signed, there is a requirement in the Housing Act 1988 (section
20A) that a landlord of an assured shorthold tenancy must,
if requested by the tenant in writing, provide the tenant
with a written statement of the main terms of the tenancy.
If the landlord fails to provide the statement, this is a
criminal offence.
Ideally
you should insist on receiving a copy of the tenancy agreement
at the time you sign it. All good landlords and letting agents
should give you this as a matter of course. However if a copy
has not been given to you, proceed as follows:
If
you are resident in the property, have signed a tenancy agreement,
but have not been provided with a copy , you should write
to your landlord or letting agent asking them to let you have
a copy of the tenancy agreement you signed, within 28 days.
If you did not sign a tenancy agreement before going into
the property, then there is no written tenancy agreement to
send you. You cannot be bound by a tenancy agreement you have
not signed. However if you need written confirmation of the
terms of your tenancy, you should write to the landlord asking
for this.
In both cases, you should say in your letter that you are
requesting the information pursuant to section 20A of the
Housing Act 1988. It is probably best for the letter to be
delivered by hand so you can be sure that it has been received
by your landlord/letting agent.
If
the tenancy agreement or written confirmation of the terms
of your tenancy, are not sent to you within 28 days of delivery
of your letter, you should contact the Housing Advisor of
your local authority. They will write to your landlord/letting
agent about their failure to provide you with the statutory
information, and are they the authority which will bring the
prosecution if necessary (i.e. not the police). You will find
contact details in our Local Authority Directory.
Note
that if you had not signed a tenancy agreement before going
into occupation and your landlord/letting agent now gives
you an agreement to sign, you must check it carefully to make
sure it reflects the terms that were agreed before you went
into occupation, particularly with regard to the rent payable
and the term of the tenancy. If you are uncertain you should
take legal advice before you sign it. You can get advice from
your local Citizens Advice Bureau, Shelter Office, a local
solicitor (many will offer an initial free interview), your
local authority housing advice service.
My
landlord wants me to sign a new tenancy agreement, do I have
to?
No, not if you do not want to. Rent Act protected tenants
and tenants with assured tenancies will usually be better
off not signing.
However,
if you have an assured shorthold tenancy, remember that the
landlord has the right to evict you after serving at least
two months notice, and he may do this if you refuse to sign.
If
there is anything in the new agreement which worries you or
which you do not understand, get some advice. Your local CAB
or Shelter office will be able to assist. Or you can use the
Landlord-Law facilities.
Note
- Landlords often give out a new tenancy agreement when they
want to increase the rent, as if you sign the agreement you
are deemed to have agreed to the new rent and cannot then
challenge it.
Should
the tenancy agreement be stamped?
A tenancy agreement is a 'stampable' document. However unless
the rent is very high indeed, since December 2003 tenancy
agreements have not needed to be stamped any more. You can
find out more about stamp duty (now called Stamp Duty Land
Tax) by telephoning the Inland Revenue Stamp Duty Helpline
on 0845 603 0135.Prior to December 2003, stamp duty was payable
on many tenancy agreements. Tenancy agreements which should
have been stamped but which are not, cannot be used as evidence
in court proceedings. However if you are going to court you
can always get the document stamped out of time (they should
be stamped within 30 days) although you will have to pay a
penalty.
Does
the tenants signature on the tenancy agreement have to be
witnessed?
Provided the term is less than three years, the tenant is
paying a market rent, and the term starts immediately, there
is no need for signatures to be witnessed. This is specifically
provided in section 54 of the Law of Property Act 1925.
Otherwise,
for example if the landlord is granting a five year tenancy,
the tenancy needs to be signed as a deed (which means the
signature must be witnessed). Another situation where this
should be done is where the tenancy agreement is being signed
up in advance before the tenancy starts - for example this
is often the case with many student lets.
There
is no harm however in signing tenancies as a deed even if
the circumstances set out in s54 do not apply. Most standard
forms of tenancy agreement provide for this, as the publisher
does not know the circumstances under which the form will
be used.
So,
What’s the Score?
It’s important for landlords, and for tenants too, to
know the score – in other words, to know about Credit
Scores and to know how to check your own credit files.
Increasingly, landlords and agents do credit checks and referencing
on their prospective tenants, moving away from the traditional
“gut feel” selection methods to a more modern
and scientific base. Credit Checks and Referencing is now
so easy and quick on-line
These days, when you apply for a bank account, a credit card,
a personal loan, hire purchase, a mortgage, or any other forms
of credit, including, increasingly, a tenancy, it is likely
that the lender or landlord will seek permission to carry
out a credit check on the application and your “credit
score” will be obtained.
Anyone who has had credit will have a credit file. For a credit
score to be calculated based on your credit report, the report
must contain at least one account that has been active for
six months or longer.
The report must also contain at least one account that has
been updated in the past six months. This will ensure that
there is enough recent information, in your report to calculate
an accurate score.
Your credit score will not be calculated if there is a fraud
statement on your credit file or if you are in dispute with
a lender over payments.
A credit score is a number (for example 180 out of a possible
300) used by lenders, as an indication of how likely an applicant
is to pay regularly and on-
time. The credit score is generated by a mathematical formula
using data from the applicant’s credit report.
Credit scores have been in use as part of the lending decision
making process for over 30 years and with all this experience
agencies and lenders have become increasingly proficient at
predicting an applicant’s reliability. The process therefore
predicts how big a risk is being taken by allowing an applicant
to borrow up to a certain limit or, in the case of lettings,
to take on a tenancy with a certain monthly rent.
All this helps the lender to decide whether to accept or reject
the application and, where relevant, to help set a maximum
credit limit. In the case of a tenancy, it is likely that
a limit of 2.5 times the tenant’s salary, and for a
guarantor, 3 times salary will be imposed.
To “pass” the credit score system the applicant’s
score must reach a certain figure. In the case of a tenancy
application and depending on the score obtained, the landlord
or his agent may:
• Accept the application
• Fail the application, or
• Ask for a guarantor.
The guarantor will also need to have a “pass”
level credit score.
The lender or landlord will carry out Credit Reference Checks
using a Credit Reference Agency. The agency will examine the
applicant’s credit history to see if the applicant has
a good record of personal credit management and will produce
a credit score.
In the case of a Comprehensive Check an employer’s and
previous landlord’s reference will be sought.
What information will be provided by credit reference agencies?
There are two main categories of information provided by a
credit reference agency: Public Information and personal Credit
Account Information.
Public Information is obtained from the Electoral Register
(provided by local authorities), which is used to help identification:
county court judgments (from the Registry Trust Ltd, which
is the official body that records county court judgments)
and bankruptcies (from the official London and Scottish Gazettes).
Credit Account Information is held by credit reference agencies
on behalf of lenders such as credit card companies and finance
houses. Most of the UK's credit-granting institutions share
and store information about any credit agreements they may
have with their customers, with a credit reference agency.
Also, many of these lenders have agreed to share this information
with each other. When someone applies for credit, therefore,
this lets the lenders check whether or not that person has
repaid money to other lenders in the past – it’s
a quick and reliable method of checking a person's credit
history.
Good information, such a loan that’s been regularly
paid on time, should support a new application. On the other
hand, information showing loans that have not been repaid
on time will adversely affect an application.
Statistics show that people who have had past financial difficulties
are far more likely to default on repayments in the future.
Also, if someone is already having financial difficulties,
it may not be in their own best interests to be given more
credit.
If you are refused credit, you can get advice from your local
Trading Standards Department, Citizen's Advice Bureau or Consumer
Advice Centre.
In fact, you have the right to get mistakes corrected and
if a company has put incorrect and damaging information on
your credit record, that can be libellous. The Information
Commission says:
“There is a right to compensation under Section 13 of
the Data protection Act 1998, if an individual can show he
or she has suffered damage as a result of what someone in
control of information has done with it.”
The Information Commissioner produces a leaflet entitled 'No
Credit?' You can obtain a free copy from the Information Commissioner's
website www.informationcommissioner.gov.uk
So what factors influence an applicant’s credit
score?
There are various factors, which determine credit scores,
some of which are probably not fully disclosed by the credit
reference agencies, but some of the main ones include the
following:
• Payment history – a record of late or missed
payments will give a lower score.
• Outstanding debt – If the applicant currently
owes a lot the score will be lowered, particularly if they
are near their total credit limit.
• Accounts in use - The existence of too many open accounts
can lower a score, whether the accounts are being used or
not.
• Length of credit history – the longer the better.
This can be a problem for someone with no history of using
credit or holding credit cards etc.
• The amount of credit used - compared to the credit
available.
• Amount and frequency of derogatory credit information
- such as county court judgements, bankruptcies, charge-offs,
and collections.
• New and changed accounts - opening multiple new accounts
in a short period of time or constantly changing banks will
give a lower score.
• Searches made - whenever someone else gets a credit
report, for example, a lender, landlord, or insurer, the search
is recorded on your credit report. A large number of recent
searches may lower your score.
• Moving house - the more you move around in a short
space of time the bigger the adverse effect it will have on
the score
• Living abroad – when you are abroad you are
effectively out of the system, so not credit information is
accruing.
Regularly checking your own credit report can be a wise precaution
so that you can:
• Be fully informed of the most up-to-date information
in your personal credit history
• Correct any inaccuracies; to make sure that your credit
data is always a true picture of your credit record.
• Be aware of who is making credit checks on you or
if anyone is applying for credit in your name. Identity theft
is an increasing problem, and for this reason alone monitoring
your credit record is very worthwhile.
What would be a "good" credit score?
There are several types of credit scores available and different
agencies use slightly different systems. However, is each
case the higher the score, the better.
Each credit check agency will decide what credit score range
it considers to be a good credit risk. However, the actual
credit score is only one component of the information evaluated.
Improving the Score
With credit card and loan offers piling through letterboxes
everywhere, it’s never been easier to run up debt. If
you have been less than exemplary inyour personal financial
management you could find yourself blacklisted for credit,
and have a real problem when it comes to securing a loan or
a tenancy, so is there a reliable way to clean-up your act?
The short answer is yes, but it will inevitably take you some
time if you want to repair your credit rating – be wary
of companies promising to instantly wipe out a bad credit
record, it just cannot be done.
The first thing a lender, insurer or landlord does when first
considering you for a credit card, a loan, insurance or a
tenancy is to check your credit report. A file on your credit
details will be held by Britain’s two credit reference
agencies – see below for details of these agencies.
If you find your applications are being turned down, don’t
go from one lender to the next hoping to be accepted. Every
time a lender checks with a credit reference agency it will
be recorded on your file, leading to a lower score.
To lenders these 'footprints' can indicate that you may be
over-extending yourself; that you are being refused by other
lenders and forced to look elsewhere, or that there may be
fraud involved.
There may be very good reasons for your credit score problems.
If you have had late or missed payments, or you have defaulted
on loan payments or County Court Judgements (CCJs), these
details will be recorded on your credit record file for six
years (unless you pay off a CCJ within the first month).
It's been estimated that around 80% of credit records contain
errors. This therefore gives you a chance to correct them
before you apply for a loan, insurance or a tenancy.
Cancel excess numbers of credit cards or those you don't use
anymore. Pay off any outstanding accounts, and check your
file for any listed account numbers that are not yours. Check
your record of loan balances and late
payments for accuracy. You may need to provide a good explanation
of these to lenders.
To improve your credit score, and start to build a good record,
from now on pay all of your bills on time and reduce the amount
of credit you have outstanding.
Credit repair companies can improve your credit rating for
you, but they can’t do it overnight and they charge
anything from £50 to £200. There is nothing that
these companies do which you cannot easily do for yourself.
The starting point is to get a copy of your credit record
files from the credit reference agencies. This information
may tell you a different story and give you a cause for your
low score, which you had not considered before.
For example, your personal record may be affected by the debts
of a relative or former spouse who is, or was, living in the
same property as yourself. This is because your address is
a key element in your credit record and in cases like this
it is possible to have a Notice of Disassociation added to
your file.
The Notice of Disassociation will effectively filter the other
person's information from your credit file. It’s also
possible to add a Notice of Correction to your file. This
is used where there is a piece of information that is basically
correct but where it could benefit from being put into context.
Examples of this might be a credit default from the past when
you were made redundant, you got divorced or you had an extended
period of time off work through illness. If none of these
issues apply to you, or you have taken steps to resolve debt
problems but are still being refused credit, ask the credit
reference agencies and the lenders why? It might be that the
credit scoring procedures used by a particular lender is very
strict. The good news here is that taking out some form of
credit and then dutifully meeting the repayments on time can
quite quickly build a good credit status.
If a lender or landlord turns down your credit or tenancy
application, they should tell you the main reason why your
application failed to qualify you. They are not obliged, however,
to disclose the full information they have obtained, and they
certainly are not under any obligation to show you the report
– in fact they will be told not to do so by the credit
agency.
Banks use a system known as “Behavioural Scoring”,
or what they call predictive scoring, in addition to credit
scoring on their existing customers. Behavioural scoring is
basically an assessment of the way that a customer manages
their own bank accounts, based on the longer-term pattern
of activity seen passing though their accounts. This has been
shown to by a highly statistically consistent way of identifying
acceptable credit risks to the bank.
Landlords can use a less sophisticated form of behavioural
scoring by requesting sight of 6 month’s current account
statements from their prospective tenants. Careful scrutiny
of these can be very revealing as to the tenant’s financial
life-style, and commitments in terms of income and outgoings
over a period of time.
In addition, unlike a couple of utility bills, it’s
very unlikely that an identity fraudster could access 6 months
of someone else’s currents account bank statements in
order to obtain a tenancy in someone else’s name –
not unheard of these days!
Credit Score Healing Tips!
Scores will automatically improve, as one's overall credit
picture gets better. That means building-up a pattern over
time of paying your bills on time and using credit conservatively.
Some credit management tips:
• Pay your bills on time - late payments will definitely
have a serious impact on your credit score.
• When you have missed payments, and we can all do this
accidentally sometimes, get up-to-date and stay up-to-date.
The more you pay your bills on time, the better your credit
score.
• Try to actually pay-off debt rather than move it around.
• Re-establish your credit history if you have had previous
problems. Starting new accounts and paying them off on time
will raise your score in the long run.
• Request and check your own Credit Reports. Doing this
will not affect your score, as long as it’s done through
a credit reference agency or an organisation authorised to
provide Credit Reports to consumers – these are now
available on-line.
• By all means have credit cards but manage them responsibly.
In fact, having credit cards and instalment loans, provided
you make regular payments’ will raise your credit score.
• Only apply for new credit accounts when you definitely
need them.
• If you are having trouble making ends meet you should
contact your creditors or see a legitimate credit counsellor
to help get back on-track and start to rebuild a good credit
management record.
Rights and Tenant Eviction
As a tenant there is always the possibility that you might
be evicted from your rental property. Although for most tenants
this problem never arises, it is still advisable to know your
rights as a tenant regarding eviction. If you are threatened
with eviction then knowing your rights will help you to find
the least painful solution to the situation, and may even
help you avoid eviction. Want to know more? Well, here are
some tips on your rights as a tenant should you be facing
eviction, and how to make the most of these rights to bring
about a speedy and amicable solution.
Are You a Tenant?
You might be living in a property you don’t own, but
that doesn’t mean you are a tenant. There are a variety
of possible living arrangements for those who don’t
live in their own property. However, you are usually considered
a tenant if:
You pay rent
You have exclusive use of one room
You can stop other people, including the landlord, from entering
your home.
If you are a lodger or have a casual agreement with someone,
then you might not have the same rights as a regular tenant.
You need to make sure that you are indeed a tenant before
you can look at your rights regarding eviction.
Receiving Notice
If you are a tenant, then unless otherwise told by the landlord
you will be on a shorthold tenancy agreement. This means that
once an agreement is signed, you cannot be evicted without
a good reason within the first 6 months of your tenancy. Even
if a shorter fixed period has been agreed, you will not be
subject to eviction unless you break the rules of the tenancy
agreement. Even after this time, the landlord must give you
2 months’ notice about moving out of the property, unless
otherwise agreed by both parties before the tenancy starts.
Also, if a landlord wants to visit the property
they have to give you 24 hours’ notice before they can
enter. Although the property is legally theirs, as a tenant
you have the right to live your life peacefully and without
disturbance.
Being Evicted
After the initial 6-month period, if no longer fixed-term
has been agreed then a landlord can give you notice and evict
you at any time for no reason. However, if they fail to give
proper notice or try to evict you during a fixed contract,
there must be a reason for their actions. This will usually
be due to a failure to pay rent or damage to the property.
However, even if you are in rent arrears a
landlord has to serve the proper papers and follow certain
procedures to evict you. The landlord has to first serve you
notice of your eviction and then apply to the courts for a
possession order. Not until a possession order has been granted
can a landlord actually evict you, and even then if you refuse
to leave they cannot physically evict you themselves. They
will need to get the bailiffs to remove you from the property.
Illegal Eviction and Harassment
It is important you know your tenant eviction rights so that
you are not illegally forced out of the property. If any of
the following things happen to you then you should report
your landlord to the police immediately, and record the details
of the events for evidence:
Cutting off your water, gas or electricity
Using threatening behaviour to make you leave
Trying to make you sign an agreement that takes away your
legal rights
Interfering with your possessions
Moving into part of your home
Physically throwing you out of your home
Changing the locks
Stopping you from getting into part of your home
If a landlord tries to evict you illegally or is harassing
you, then you might be able to get an injunction against them.
This will prevent them threatening you and allow you to remain
in the property.
Although eviction isn’t a problem for
all tenants, knowing your rights as a tenant is important
so that you know what a landlord can and cannot do. Knowing
your tenant rights will enable you to make sure you are treated
fairly and that you aren’t evicted illegally. If you
want to avoid eviction problems and solve landlord disputes
quickly then make sure you know your tenant eviction rights.
Landlords and Repair Obligations
While it could be that a lease states that a landlord is required
to repair anything, at any time, should his or her tenants
request it, this is clearly the type of agreement that could
only exist in a tenant’s dream. In reality, most leases
require a landlord to repair only what is mandated by law,
though many landlords are happy to help tenants keep their
properties as nice as possible. A good relationship between
landlord and tenant is probably the best way to ensure that
repairs are seen to immediately, so no matter which side of
the fence you are on, attempt to forge a good working relationship
and hopefully your household headaches will dissipate immediately.
Repairs Required by Law
No matter what is explicitly stated in a lease or rental agreement,
certain repair requirements are set out for landlords by law.
Investigate legalities in your area, but for the most part
expect landlords to be required to repair:
Structural problems or anything involving the outside of the
building (including problems with pipes, drains and gutters).
Problems associated with utility supplies such as water, gas
and electricity.
Broken water heaters, radiators or other heat sources.
Plumbing problems or anything affecting baths, showers, sinks
or toilets.
Large electrical appliances such as refrigerators, freezers,
dishwashers and washing machines.
Insulation issues or structural damage brought about by damp.
Any furniture or accessories supplied with the accommodation
that experience problems due to age or “normal”
wear and tear.
Responsibilities of the Tenant
Though certain repairs are required of the landlord, tenants
also have certain responsibilities to the accommodation that
they are renting. Often these responsibilities will be set
out in a lease or rental agreement, and common conditions
include:
Keeping the premises, and all land outside, clean and tidy.
Using all appliances and the heating system properly.
Checking that all utilities and alarm systems are in good
working order.
Ensuring that neither themselves nor their guests damage or
injure the property.
Reporting, in writing, any repair requests to the landlord
immediately.
Thoroughly or professionally cleaning the accommodation before
vacating it.
Accommodating Repair Procedures
In order to make repairs – whether they are required
by law or not – there is a particular procedure that
landlords and tenants must respect. By law a landlord must
give written notice at least 24 hours prior to entering a
property in order to facilitate the repairs. While carrying
out the repairs, the landlord is entitled only to access the
areas required to carry out the repairs. The same holds true
if landlords seek permission to enter the accommodation to
carry out unnecessary improvements.
Further Information on Landlords and Repair Obligations
Further information on landlords and repair obligations should
be obtained from estate agents and solicitors. The Landlord
and Tenant Act of 1985 is a basic piece of legislation covering
the topic, but obtaining professional guidance is always recommended
when needed.
Landlords and repair obligations can be the
stuff of nightmares, but understanding the legal requirements
of both landlords and tenants can greatly reduce the complexities
surrounding this topic. If either the landlord or tenant feels
unsatisfied with their relationship regarding repairs, professional
advice should be sought from an estate agent or solicitor.
Avoiding this result by maintaining a good working relationship
between landlord and tenant would probably suit everyone concerned
though, so only look to the courts as a last resort.
General
guidance on renting property in Leeds....
Let lots of agents know what you are looking for so you get
a really good selection to choose from.
Inform the agent of your criteria (location, budget, furnished/unfurnished,
occupation date requirement, tenancy period and any other
aspects that are important to you).
Expect to pay a deposit of at least one months rent, possibly
more. Possibly some administration charges.
You may be required to provide references.
Ensure you read and understand the tenancy agreement. The
Citizens Advice Bureau may check this for you. Clarify what
is NOT included in the rental fee, such as council tax, utility
bills, ground maintenance etc.
Examine the inventory prepared by the agent and keep a copy.
Check restrictions: sub-letting, pets etc. Can you redecorate?
Notify defects in writing as soon as they become apparent
(even if you do not want them remedied).
Establish what is covered under maintenance (boilers, refrigerators,
radiators etc.).
Usually, you will not have to deal with the landlord directly.
Should you have any problems or queries, direct them to your
agent first.
Other issues to consider are, parking, neighbours, noise levels,
public transport availability etc.
Action to rent a house or flat in Leeds
Notify
all the main local agents by sending 'one e-mail to all Letting
Agents' with your requirements. Do it now!
General
guidance on letting property in Leeds
Choose a letting agent that is registered with one of the
following:
The Association
of Residential Letting Agents (ARLA)
The National Approved Letting Scheme
(NALS) - Intercity is a member of NALS
The National Association of Estate Agents (NAEA)
The Royal Institution of Chartered Surveyors (RICS)
The UK Association of Letting Agents (UKALA)
Get a good contract which will be the Tenancy Agreement. Think
about any restrictions you wish to place on the tenant and
the use of your property.
Try not
to be too tough - if you exclude smokers, pets, students,
small children and short term lets, you will narrow the market
for your property considerably.
Ask for
a rent that is realistic and affordable to your potential
tenants. The big difference in profit at the end of the year
will be dependent upon how long the property stood empty -
reduce the voids!
Examine
our 'buyers tips' for guidelines on presenting the property
in an attractive manner.
Action
to let property in Leeds
Notify
the local Letting Agents your property is available and find
out the likely rent that could be attracted for your property.
Are you
looking for an apartment to rent? All over Leeds you can find
apartments, flats & houses to rent out and all you have
to do is plan it out thoroughly before you really take it
up.
So what are we waiting for? Let’s draw up the plan and
go right ahead!
To find
the best possible place for you, you must be sure it is within
your budget, safe and in a good locality. It is a great thrill
to hunt for apartments but this can be very tiring and tedious
too. So to make the search as simple as possible, get the
best deal in the nicest locality, let’s first write
down exactly what kind of apartment we want and then start
searching for that kind of place.
Once we
have identified the area, we must see the proximity to a market
place and work etc. It is also very important to have a good
landlord and a clean, green environment if it is possible.
After all, the apartment where you will stay and so it makes
a lot of difference to have a nice home rather than a shabby
home or unclean surroundings.
So check
out your list and earmark the localities and then short list
the apartments that you would like as home accommodation.
Once you choose the best one out of the short listed ones,
be sure to meet the landlord and talk to him at length settling
all matters related to rental properties, the lease and its
renewal terms, rent and rent advance etc to ensure you both
understand each other and all the terms clearly which you
have mutually agreed upon.
You must
also look into the fact that if you want to join the gym,
there is one available right there or close to you or if you
have a sportsman you have easy access to the sports you would
like to play. Or maybe a club that you would like to join,
say a golf club, it is within close proximity so you save
time commuting.
As you
must be aware, there are all kinds of rental properties and
schemes for independent home rentals which you must be aware
of. You should go through a reliable Property Manager so that
you are able to speed up the process. But please ensure that
you have checked out his credentials and he is from a very
reliable source as there are plenty of sharks around!
So the
thrill of the house hunting is on! Good Luck to you and if
you are clear and alert, you will find just what you want!